Processo Civil
Páginas | 45-47 |
Page 45
Cobrança - Processo - Abandono da causa pelo autor - Extinção do feito ex officio - InadmissibilidadeNecessidade de requerimento do réu - Inteligência do art 267, III e §§ 3º e 4º, do CPC - Súmula nº 240 do Colendo Superior Tribunal de Justiça - Imprescindível a intimação pessoal da parte para suprir a falta tida como caracterizadora do abandono - Recurso provido para anular a r sentença. (TJ/SP - Ap. Cível n. 1.146.269-8 - Cruzeiro - 19a. Câm. Dir. Priv. - Ac. por maioria - Rel.: Des. Paulo HatanakaFonte: DJeSP, 28.10.2008)
Ação de interdição. Competência. Domicílio do réu. Alteração do domicílio. Remessa dos autos. Impossibilidade. 1 - A competência, nos termos do art. 87 do CPC, se define no momento da propositura da ação, somente podendo ser alterada se houver supressão do órgão jurisdicional ou alteração da competência em razão da matéria ou da hierarquia. Ausentes essa duas hipóteses, o caso é de perpetuatio jurisdictionis, sendo descabida a remessa dos autos para a comarca onde fixou domicílio a ré, Page 46 depois de iniciado o processo. 2 - Incidência ainda da súmula 33/STJ. 3 - Conflito conhecido para declarar competente o Juízo de Direito da 4a. Vara de Família de Campo Grande - MS, suscitado. (STJ - Confl. de Competência n. 98219/SP - 2a. S. - Ac. unân. - Rel.: Min. Fernando Gonçalves - Fonte: DJe, 09.12.2008).
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